S. 4805 – Reading Mode

117th CONGRESS

2d Session

S. 4805

IN THE SENATE OF THE UNITED STATES

September 8, 2022

Mr. Cornyn (for himself, Mrs. Shaheen, Mr. Tillis, Mr. Durbin, Mr. Wicker, Mr. King, Mr. Rubio, Mr. Blumenthal, Mrs. Blackburn, Ms. Hassan, Mr. Scott of Florida, Mr. Peters, Mr. Sullivan, Mr. Graham, and Ms. Cortez Masto) introduced the following bill; which was read twice and referred to the Committee on Armed Services

A BILL

To provide for emergency acquisition authority in the event of armed attack against a United States ally or partner by a foreign adversary of the United States.

Short title

This Act may be cited as the Securing American Acquisitions, Readiness, and Military Stockpiles Act of 2022 or the Securing American ARMS Act of 2022.

Emergency acquisition authority

Section 3204 of title 10, United States Code, is amended—

(1)

in subsection (a)—

(A)

in paragraph (6), by striking ; or and inserting a semicolon;

(B)

in paragraph (7), by striking the period at the end and inserting ; or; and

(C)

by adding at the end the following new paragraph:

(8)

the head of the agency—

(A)

determines that the use of procedures other than competitive procedures is necessary to—

(i)

replenish United States stockpiles with like defense articles when those stockpiles are diminished as a result of the United States providing defense articles in response to an armed attack, by a foreign adversary of the United States (as that term is defined in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c))) against—

(I)

a United States ally (as that term is defined in section 201(d) of the Act of December 2, 1942, entitled, To provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes (56 Stat. 1028, chapter 668; 42 U.S.C. 1711(d))); or

(II)

a United States partner; or

(ii)

to contract for the movement or delivery of defense articles transferred to such ally or partner through the President's drawdown authorities in connection with such response;

provided that the United States is not a party to the hostilities; and

(B)

submits to the congressional defense committees written notification of the use of such procedures within one week after such use.

; and

(2)

in subsection (e)(1), by striking and (7) and inserting (7), and (8).